Tillotson v. Stephens

This is an action to recover the value of a steel grain drying bin in which plaintiff had an interest as a conditional sale purchaser, but the bin was erected on the land of another which was subsequently mortgaged, foreclosed, and sold. Plaintiff appeals from a dismissal of his petition. We affirm the judgment of the District Court.

Plaintiff alleges error in two respects. First, that the case should not have been taken from the jury; and second, that the purchasers at the judicial sale did not acquire an interest in the bin superior to plaintiff’s.

On December 27, 1967, plaintiff purchased a…